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CISO Times

Intelligence for the people behind the defence.

The CISO Decision Brief

Who decides…

Who decides whether to pay a ransom?

2 decision pointsThe pack behind this answer: Security Incident Management

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The short answer

Recommendation
Only the board or its equivalent decides whether to pay a ransom, and only once legal advice including a sanctions check, the insurer's view and a report to law enforcement are in place. Plan recovery as if nothing will be paid.
Reasoning
Paying has legal, ethical and insurance consequences, so the decision sits with the top body, never with one manager, even in a small organisation. Who that is depends on how you are governed: the board, or a board risk committee it has delegated to; the management board in a two-tier structure; executive management where there is no board. The pack's plan assumes the organisation does not pay, so containment and recovery go ahead regardless of the demand.
Considerations
  • Nobody replies to the attacker or contacts them except through a channel the board has decided on, for example a specialist appointed through the insurer and Legal.
  • Sanctions, insurance terms and reporting to the police depend on your jurisdiction and your policy. Take legal advice; this answer does not advise whether to pay.
  • Whatever is decided, never say in public whether a ransom has been or will be paid.

The decision, step by step

Select any step for the reasoning behind it and where the pack covers it.

  • Start
  • Step
  • Decision
  • Outcome
  • Loop back

Keyboard: Tab to a step, arrow keys move along the flow, Enter pins its explanation, + and − zoom, 0 fits the diagram, Esc closes. The text version below has the same content.

Where a step quotes a number, it is the default in the CISO Times pack. Your own standard may set a different one.

Read as text

The same flow written out: each step, its reasoning and where the pack covers it. 10 steps.
  1. Start

    A ransom or extortion demand has arrived

    A demand may come as a ransom note on screen, or as an email, call or post claiming your data has been stolen and will be published unless you pay, with or without encryption. Either way it is the same decision, and the same rule decides who takes it.

    In the pack

  2. Step

    Do not reply; keep the demand as evidence

    Nobody replies to the attacker or follows any link or contact in the note. Photograph the note with the time visible, and keep every message, contact address and deadline. The insurer, law enforcement and any authority will ask for them.

    In the pack

  3. Step

    Plan recovery as if nothing will be paid

    The pack's plan assumes the organisation does not pay, so containment, the backup checks and the restore order go ahead regardless of the demand. In the pack's worked example the site was cut off, the backups were intact and the PCs were rebuilt, so recovery never depended on the attacker.

    In the pack

  4. Step

    Name the body that decides: the board or its equivalent

    The top body depends on how you are governed: the board, or a board risk committee it has delegated to; the management board in a two-tier structure; executive management where there is no board. Even in a small organisation the incident manager and the executive incident lead are two different people, and the pack's note says the decision on any ransom belongs to the board or the owners, never to one manager.

    In the pack

  5. Step

    The executive incident lead takes it to that body

    The executive incident lead leads the crisis team and takes the ransom question to the board or its equivalent. For a Severity 1 incident, the pack's default is that the board chair, or equivalent, is told within 4 hours of declaration. Legal advises that body before any decision on a demand.

    In the pack

  6. Decision

    Has the board decided a channel for any contact?

    In the pack, nobody contacts the attacker except through a channel the board has decided on, for example a specialist appointed through the insurer and Legal. Legal agrees with the insurer how any contact will be handled. If no channel has been decided, or you are not sure, there is no contact.

    In the pack

  7. Step

    No contact until the board names a channel

    Keep recovering while the board decides. Further demands can arrive later, sometimes by email to managers or customers: brief the communications lead and the service desk to pass any such contact straight to the incident manager.

    In the pack

  8. Decision

    Are legal advice, sanctions, insurer and police all covered?

    The pack's rule: never before legal advice, including sanctions checks, the insurer's view and a report to law enforcement. Legal starts the sanctions check when a demand is made. The insurer is told as the policy requires and the crime is reported; neither waits for the investigation to finish. If any of the four is missing or unclear, the answer is no.

    In the pack

  9. Step

    Complete the missing inputs first

    Legal gives its advice and completes the sanctions check. The executive incident lead makes sure the insurer has been told and has given its view; Legal makes the crime report. Record each with its time and reference in the case log.

    In the pack

  10. Outcome

    The board or its equivalent decides, and it is minuted

    Only that body decides, and its minutes are the evidence of the decision. The decision, who took it, when and why go in the decision log whether or not it turns out to be right. Whatever is decided, never say in public whether a ransom has been or will be paid.

    In the pack

Practical checklist

  1. Do not reply; photograph the note with the time visible and keep every message, contact address and deadline.
  2. Continue containment and recovery as if nothing will be paid.
  3. Name the deciding body, and a deputy for it, in your incident plan.
  4. Have the executive incident lead take the question to that body; for Severity 1, the board chair or equivalent is told within 4 hours.
  5. Have Legal start the sanctions check and give its advice.
  6. Tell the insurer as the policy requires, and have Legal report the crime.
  7. Let that body decide only once all four inputs are in place, and minute the decision.

Evidence to have ready

  • The demand with its contact details and any deadline, kept as evidence.
  • The legal advice and sanctions check, the insurer notification and the crime report, each with its time and reference.
  • The minutes of the decision, and the decision log entry with who decided, when and why.

Practitioner pulse

What other practitioners do

One question about your practice. Answer it to see how others answered. We don't ask who you are or where you work.

In the incident plans you work with, who is named to decide on a ransom demand?

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The results are the readers who chose to answer, not a survey of the profession, and the pack default is a starting point, not a norm. Results show once a question has 100 answers.

All pulse results

Assumptions

  • Your incident plan names the body that decides and a deputy for it. The pack leaves it as a placeholder: the board chair, or the equivalent where there is no board.
  • This flow says who decides and what must be in place first. It does not advise whether to pay. Sanctions, insurance terms and reporting to the police depend on your jurisdiction and your policy; take legal advice.

Not covered here